NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law.. Subject to all federal, state, regional, and local laws, regulations, and ordinances. Sweepstakes begins on February 1, 2020 at 12:00:01 a.m. Pacific Time (“PT”) and ends on March 31, 2020 at 11:59:00 p.m. PT (the “Sweepstakes Period”).
1. ELIGIBILITY: The Sexy Hair® Big Red Ticket Game (the “Sweepstakes”) is open to legal U.S. residents currently residing in the 50 United States and the District of Columbia who are at least eighteen (18) years of age or the age of majority in their respective jurisdiction of residence, whichever is older, as of the date of entry, and who are hair stylists, salon owners, and/or Sexy Hair customers. Henkel Corporation, acting through its Sexy Hair Concepts division (“Sponsor”), Ventura Associates Intl LLC (“Administrator”), their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers and each of their employees, officers, and directors (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes and which Sponsor and/or Administrator may decide in their sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR/ADMINISTRATOR: The Sweepstakes Sponsor is Henkel Corporation, acting through its Sexy Hair Concepts divison, 5800 Bristol Parkway, Suite 700, Culver City, CA 90230. The Sweepstakes Administrator is Ventura Associates Intl, LLC., 494 Eighth Avenue, Suite 1700, New York, NY 10001.
3. HOW TO ENTER: During the Sweepstakes Period, go to bigsexyhairsweepstakes.com (the “Website”) and complete and submit the entry form with all required information, including a valid home address, name, telephone and email address. Sponsor will use the email address and other information you provide for eligibility and notification purposes, if you are a prize winner, so be sure it is accurate and up to date. Upon completion and submission of the entry form, you automatically will be entered with one (1) entry into the Sweepstakes. Only one entry per person or email per day. Additional entries may be disqualified. You must provide all required information to be eligible to enter and win. By entering, you agree that Sponsor may contact you via social media, including on Facebook, Instagram or Twitter, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply.
Automated or bulk entries or entries submitted by third parties may be disqualified. Entries must be submitted by the participant. No copies, facsimiles, or mechanical reproductions of the entry form will be accepted. Any attempt by any participant to obtain more than the stated number of entries and/or plays by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will disqualify that participant’s plays and/or entries, and that participant and/or entries may be disqualified. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to enter will be deemed to be the participant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor and/or the Administrator or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified. Incomplete, illegible, corrupted, or untimely entries will be disqualified.
Except where legally prohibited, each potential prize winner must sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted in person via email, telephone, and/or mail after the first attempt to contact him/her, or if he/she fails to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other documentation that Sponsor may require, in its sole discretion, within the required time period (if applicable), if potential winner and any companion are unavailable to travel within any time period specified by Sponsor, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. Only three (3) alternate Prize drawings will be held, after which any remaining prizes will remain un-awarded.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor AND/or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A participant is not a winner of any prize, EVEN IF ENTRANT RECEIVES NOTIFICATION STATING HE OR SHE WON, unless and until participant’s eligibility HAS been verified and participant has been notified that verification is complete.
a. Grand Prize: There will be one (1) Grand Prize awarded. The Grand Prize winner will receive: (i) roundtrip coach airfare for the Grand Prize winner and one (1) guest (“Guest”) to Los Angeles, California from the commercial airport nearest the Grand Prize winner’s residence (as determined by Sponsor in its sole discretion); (ii) standard hotel accommodations at the Marina del Ray Hotel for [(2)] consecutive nights (double occupancy), including ground transportation between the airport and the hotel; (iii) facial treatments determined by Sponsor for Grand Prize winner and Guest at the [Marina del Ray] Hotel, including roundtrip ground transportation between the hotel and the spa; (iv) a visit for Grand Prize winner and Guest to the Henkel Academy of Hair in Culver City, California, including roundtrip ground transportation to/from the Henkel Academy; and (v) five hundred dollars’ ($500.00) worth of Sexy Hair products (for Grand Prize winner only). Approximate Retail Value (“ARV”) of the Grand Prize: [5,500.00].
b. “First Prizes”: (2) Each First Prize consists of: (i) a day at a spa near First Prize winner’s residence (as determined by Sponsor in its sole discretion), including a facial treatment determined by sponsor; and (ii) three hundred dollars’ ($300.00) worth of Sexy Hair products (for First Prize Winner only). ARV of each First Prize: [$500.00].
c. “Second Prizes”: (10) Each Second Prize consists of: (i) one (1) “Big Deal Pump Up the Volume” speaker; and (ii) one hundred and fifty dollars’ ($150.00) worth of Sexy Hair products for the Second Prize winner only. ARV of each Second Prize: [$230.00].
Total ARV of all prizes to be awarded: [$8,500.00]. Limit one (1) prize per person, email, and per household. If ARV of Grand Prize varies depending on point of departure, travel dates and fare/rate fluctuations, the difference in the prize value will not be awarded.
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
Guest must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least eighteen (18) years of age), and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. Travel restrictions, conditions and limitations may apply. ARV of Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. Any person that participates in the Grand Prize that is not deemed to be a Guest must pay his/her own expenses.
Grand Prize winner and Guest must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s discretion. All meals, ground transportation and incidentals not described herein and incurred by Grand Prize winner and Guest will be the sole responsibility of the Grand Prize winner and/or Guest.
If Grand Prize winner resides within a 60 (sixty) mile radius of Los Angeles, California (a “local resident”), in lieu of the round trip air transportation portion of the Grand Prize, Sponsor reserves the right to substitute roundtrip ground transportation to/from Grand Prize winner’s residence in lieu of air transportation. Grand Prize winner and Guest must travel together, on the same itinerary, will receive round-trip ground transportation of Sponsor’s choice for Grand Prize winner and Guest from Grand Prize winner’s residence to the hotel. No compensation will be awarded in lieu of the difference in the ARV for the Grand Prize for a local resident and the ARV for the Grand Prize who is not a local resident.
Travel must be completed by June 30, 2020. Grand Prize winner and Guest must travel together. Travel subject to availability and blackout dates. Grand Prize winner and Guest are responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor’s agent and on an airline carrier of Sponsor’s choice. If required, Grand Prize winner must be available to travel on dates specified by Sponsor or risk forfeiting prize. Certain travel restrictions may apply. If Grand Prize winner elects to travel or participate in the Grand Prize travel without a Guest, no additional compensation will be awarded. If Grand Prize winner elects to travel or participate in prize travel with more than one (1) guest, such additional persons shall be responsible for any and all costs associated with such travel. Grand Prize Winner and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at Sponsor’s discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize winner’s and his/her Guest’s transportation and such contracts shall be solely between the Grand Prize winner, his/her Guest and such transportation companies. Lost, stolen or damaged airline tickets will not be replaced or exchanged.. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. Airline tickets issued in connection with the prize may not be eligible for frequent flyer miles or upgrades. Grand Prize winner and Guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of a payment card. Air transportation and hotel accommodations must be taken together and cannot be taken separately.
In the event Grand Prize winner and/or Guest engages in behavior during travel that (as determined by Sponsor) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send Grand Prize winner and/or Guest home with no further obligations or compensation whatsoever to Grand Prize winner and/or Guest (which may, in Sponsor’s discretion, result in such Grand Prize winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s)). In the event Grand Prize winner or Guest engages in behavior during travel that (as determined by Sponsor) is illegal, tortious, or subjects Grand Prize winner or Guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize winner or Guest as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of GRAND Prize Winner’s or Guest’s acceptance or use of the Prize.
In the event First Prize winner engages in behavior during his or her spa treatment that (as determined by Sponsor) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the spa treatment early, and send First Prize winner home with no further obligations or compensation whatsoever to First Prize winner (which may, in Sponsor’s discretion, result in such First Prize winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s)). In the event First Prize winner engages in behavior during his or her spa treatment that (as determined by Sponsor) is illegal, tortious, or subjects First Prize winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by First Prize winner as a result of such conduct. Sponsor shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any SPA SERVICES related to the Prize or any other aspect of FIRST Prize Winner’s acceptance or use of the Prize.
6. GENERAL CONDITIONS: Participation constitutes participant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor, Administrator and their agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor and/or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE SWEEPSTAKES ENTITIES AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZES, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES PARTICIPANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE PARTICIPANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. DISPUTES: This Sweepstakes is governed by the laws of the United States. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate State Court located in Los Angeles County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes not to exceed fifty US Dollars (US$50.00), but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. ENTRANTS, BY ENTERING, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.
11. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules and/or a Winners List, visit [www.bigsexyhairsweepstakes.com] by September 30, 2020.
Copyright ©2020 Sponsor, Sexy Hair® is a registered trademark of Henkel Corporation, acting through its Sexy Hair Concepts division. All other trademarks used herein are the property of their respective owners. All rights reserved.